AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00720
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) be changed to reflect
9 June 2015 rather than 25 October 2015.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He initially applied for TEB on 9 June 2011; however, when
reviewing his records in October 2011, he discovered that he did
not have an ADSC reflecting the TEB. After contacting AFPC, they
notified him that he submitted his paperwork with an error. They
indicated he had been notified of the error in July 2011;
however, he never received the email. An email of that magnitude
would have received his immediate attention as his education
benefits, his timeline for retirement, and the possibility of
having to make a permanent change of station (PCS); or not,
rested in this single email.
In support of his appeal, the applicant provides a copy of an
electronic submission confirmation from the Department of Defense
(DoD) TEB webpage, dated 9 June 2011.
The applicant’s complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major (O-4).
The remaining relevant facts, extracted from the applicant’s
military service records, are reflected in the evaluation by the
Air Force office of primary responsibility at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that based on the
information reported in the TEB and counseling notes in the Right
Now Technology (RNT) by the Total Force Service Center (TFSC)
personnel, the applicant was provided with instructions and
requirements that he needed to accomplish prior to his TEB
application being approved. Specifically, that he needed to sign
a Statement of Understanding (SOU) agreeing to the obligated
service required to participate in the TEB option under the Post
9/11 GI Bill. An email was sent on 5 July 2011 informing the
applicant that his application for TEB had expired because he had
not signed an SOU.
It is DPSIT’s opinion that the applicant’s comment that he did
not receive the email is suspect because on 26 October 2011, he
contacted the TFSC and indicated that his request for TEB had
expired and what did he need to do to restart the process. The
only way the applicant knew that his application had expired
would have been through an email from the TFSC.
On 27 October 2011, the applicant initiated the process of the
TEB using an SOU he signed on 26 October 2011. His TEB benefits
were approved on 28 October 2011.
The complete AFPC/DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He did not originally apply for TEB through the AFPC website. He
applied through the DoD website. With the completion of transfer
on this website, it was stated to expect contact from a service
representative concerning the commitment for the transfer. He
wrongly assumed that this would be in the form of another ADSC
form. An SOU for transfer completion was not explicitly
mentioned. It is not true that he knew his initial application
had expired due to an email from TFSC, as contended by the Air
Force OPR. In October 2011, he reviewed his records and noticed
that he had not incurred an ADSC for the Post 9/11 GI Bill TEB.
He contacted the TFSC to inquire why, and it was at this point he
learned of the full story of the expired application, unsigned
SOU, and the single notification email. He believes his ADSC
should be 9 June 2015 based on his original intent for the TEB
and the fact that he did not receive an email concerning the SOU
and an expired TEB application. The current October 2015 ADSC
has the potential for adverse consequences for his retirement
date. These consequences would be due to an email that wasn’t
received for an administrative error.
The applicant’s complete rebuttal, with attachment, is at Exhibit
D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. We note the
applicant’s assertion that he suffered an injustice when he did
not receive an email concerning the SOU and an expired TEB
application; however, he has not provided sufficient evidence to
support that he was treated any differently than other members in
a similar situation. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00720 in Executive Session on 13 September 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-00720:
Exhibit A. DD Form 149, dated 7 Feb 12, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 13 Mar 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 27 Mar 12.
Exhibit D. Letter, Applicant, dated 25 Apr 12, w/atchs.
Panel Chair
Member
Member
Panel Chair
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